20120626 TZCA Mtwara1

20120626 TZCA Mtwara1

The total omission by the trial court to conduct a voire dire examination as required under section 127(2) of the Evidence Act rendered the child witness's testimony inadmissible and of no evidential value, leaving no evidence to support the conviction, which must therefore be quashed.

Citation
20120626 TZCA Mtwara1
Parties
Appellant: Mohamed Omary; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 June 2012
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Child Witnesses, Voire Dire Examination, Standard of Proof, Best Interests of the Child
Source Language
English
Criminal Law Evidence Law Child Law Rape Evidence of Child Witnesses Voire Dire Examination Standard of Proof Best Interests of the Child

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Parties

Mohamed Omary

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the failure to conduct a voire dire examination of a child witness invalidates the conviction
  2. 2 Whether the evidence of a child of tender age can be admitted without compliance with section 127(2) of the Evidence Act
  3. 3 Whether there was sufficient evidence to sustain the conviction for rape

Ratio Decidendi

The total omission by the trial court to conduct a voire dire examination as required under section 127(2) of the Evidence Act rendered the child witness's testimony inadmissible and of no evidential value, leaving no evidence to support the conviction, which must therefore be quashed.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside